FOREWORD
The presentation of budget 2003 followed high expectations,
speculations and hype. The change of guard in midstream following a perceived regressive
and unpopular budget by the predecessor Finance Minister coupled with the challenge of
containing the fiscal imbalances made the exercise a tight-rope walk for the incumbent
Finance Minister. Eyes were fixed on how the Finance Minister will balance the measures
for growth with the populist measures for creating a political climate conducive to the
Union and State elections which are round the corner. To add to his woes, were the war
clouds looming large on the horizon and the subdued outlook of recovery in global economic
activities and world trade from which India could not have remained isolated. The growing
menace of terrorism and deteriorating relationship with our neighbour, telling monsoon
deficiency leading to negative growth in agricultural sector and depressed capital market
added to the challenge before the Finance Minister.
All was not, however, dismal on the economic front. There were pockets
of sunshine amidst the darkness of adversities in certain areas. Inspite of slowdown in
economic activities worldwide, we were able to project a growth of 6% in the industrial
sector and 5.8% in the service sector. With negative growth of 3.1% in agricultural sector
due to failing monsoons, India was able to achieve an overall growth in G.D.P. of 4.4%
which, even though decelerated in relation to average annual growth of 5.5% in the past 5
years and the projected growth for 2002-03, was somewhat encouraging in the context of the
global scenario. Inflation dropped to the lowest figure of 2.6% in mid-January based on
WPI. After consistent fall in value, rupee appreciated in dollar value by 2.1% in December
2002 over its value in March 2002 although it fell in relation to sterling, euro and yen.
Foreign exchange reserves have swelled to more than $ 75 billions by now -- a massive
recovery from early 1990s when the country was on the brink of default. The most
encouraging aspect of it was that a sizeable part of accretion in reserves came from
current account surplus and non-debt creating capital inflows which accounted for almost
two-third of total accretion. After more than two decades we had a current account surplus
in 2001-02 equivalent to 0.3% of G.D.P. mainly because of buoyant net invisible inflows.
Continued heavy inflow of remittances from invisibles and a sharp rise in export makes it
possible for the surplus to continue in the current fiscal year. Exports in dollar terms
are growing at 20.4% and the pace is likely to be maintained subject to the contingency of
war.
The Tarapore Committee which prepared a road map for convertibility
laid down preconditions for full capital account convertibility which included low
inflation rate, low fiscal deficit, sizeable foreign exchange reserves and a strong
banking system. India has already achieved two of these criteria viz. low rate of
inflation and sizeable foreign exchange reserves. It has taken positive steps to reduce
NPAs of banks by the enabling legislation like Securitisation And Reconstruction of
Financial Assets and Enforcement of Security Interest Act. But for containment of fiscal
deficit the stage is set for capital account convertibility. The Government has been
steadily moving towards that goal. Radical relaxations for outbound investment in the
shape of liberal permission for acquisition of foreign securities and purchase of
immovable properties abroad were announced in January 2003. Further relaxations have been,
as expected, announced in the budget to permit investment in different core activities,
raising FDI limit in the banking sector and liberalizing prepayment of ECB. If
macroeconomic indicators are favourable, we may be quite close to full capital account
convertibility in the near future.
Large reserves of foreign exchange may be instrumental to some extent
in isolating the economy from the economic devastations of the Iraq war and will provide a
cushion in the event of war taking place.
While there are some encouraging indicators of economic health, one
cannot lose sight of the serious problem of mounting fiscal deficit. Fiscal deficit of the
Central Government, as a proportion of GDP, which had increased from 4.1% in 1996-97 to
5.6% in 2000-01 rose further to an estimated 5.9% in 2001-02. In absolute terms, fiscal
deficit in nine months of current year reached to Rs.86,269/- crores which is almost equal
to last year in the corresponding period. The last three months are crucial, as they are
fraught with serious uncertainties affecting both revenue collection and expenditure
management. Enhanced food subsidies, fertilizer subsidies, and subsidies on LPG, Kerosene,
oil etc., expenditure on drought relief and other welfare measures actuated by impending
elections might put pressure on fiscal administration. With disinvestment not running as
programmed and States continuing with overspending, fiscal deficit may be difficult to be
contained within the budgeted figure. The Finance Minister had a difficult task to
perform. With the concessions proposed in direct and indirect taxes and welfare measures
announced, even the projected deficit is 5.6% this year and, if past experience is any
guide, it will need great financial discipline to stick to it, particularly in view of
uncertainties of the time ahead.
The budget making this year had a unique feature. It was for the first
time that the budget making process was sought to be made participative and consultative
with an amount of seriousness to demystify the budget. The mid year review was made for
the first time for enabling a better understanding of the direction which the economy
should take and the compulsions before the policy makers. Appointment of the Task Force
headed by Shri Kelkar the issue of discussion paper based on its interim
recommendations, the debate it generated and publication of final recommendations were
steps towards a transparent budget. The Task Force recommended procedural and structural
reforms towards rationalizing the tax system both in the area of direct and indirect
taxes. It sought to give a new direction to the system to make it simple, distortion-free
and rational, ensuring revenue neutrality by adjusting rate structure to compensate for
scrapping of exemptions, rebate and deductions. The politicians' response to the
recommendations was obviously not favourable and the Finance Minister's compulsion to
appease coalition partners and special interest groups eventually resulted in political
expediency having an upper hand which underlined the political economy of tax reforms in
the country. Contrary to removal of tax sops, additional sops have been proposed by way of
increased limit for senior citizens deduction for education expenses, raising of standard
deduction, removal of surcharge, exemption in respect of royalty from patents, relief to
private hospitals and to institutions providing long term finances to them, higher
deduction u/s. 80L and host of other relief measures.
Among measures to compensate for relief is the dividend distribution
tax of 12.5%, reduction in interest rate on small saving schemes and instruments, increase
in service tax and bringing more services in tax net, surcharge on diesel and additional
excise duty on certain items.
The budget has given due stress to poverty alleviation, health
employment and other welfare aspects to improve the lot of people. It has taken into
consideration, the needs of agricultural, industrial, information, housing, plantation and
bio-technology sectors and introduced measures to improve performance therein. Schemes
like Health Insurance Scheme, Insurance and Pension Scheme are fulfillment of long felt
needs and will, in some measure, provide relief to pensioners and less advantaged citizens
who are hit hard by significant reduction in interest rates.
In the area of indirect taxes proposals have been made to rationalize
the excise duty structure and to maintain the trend of reduction in custom duties.
One aspect of fiscal consolidation involving tax reform which need
special mention is steps announced to introduce information technology in tax
administration and to simplify procedures to make the administrative tax-payer friendly.
The Task Force deserves commendation for its recommendations in this regard and the
Finance Minister for accepting them. If only the same are implemented expeditiously and
sincerely, it will go a long way in substantially improving tax compliance.
Among the amendments proposed in the procedural aspects of the
Income-Tax Act, a special mention needs to be made of a proposal to scrap Chapter XIV B
dealing with Block assessments of search cases. The chapter was designed to avoid delay in
completion of assessments and avoid hassles to the tax-payers by avoiding the need of
reopening completed assessments of earlier years, if the seized material indicated that
the escaped income related to earlier years. Subsequent orders as a result of appeals etc.
involved further action by the Assessing Officer. The law, over the years, had settled and
the provision was working satisfactorily except for a few cases of mishandling by the
authorities. In case the provisions of two assessments were creating problems, a solution
could have been found within the concept of block assessment.
A very important proposal in the Budget has been the abolishing of long
term capital gains tax on sale of listed shares acquired after 1 March 2003. Coupled with
the exemption of dividend from income tax in the hands of the receiver, this may be just
the boost needed for a revival in the capital markets.
Overall the budget is designed more as a welfare budget rather than one
aimed at taking the economy out of its present slowed down stage. It would appear that the
Finance Minister has tried to live up to his promise of "Garib ke pet me dana,
grihini ki tukia mein anna."
If you have any query on the budget you can send email at budget@laws4india.com and read
its reply on our site within 24 hours. The reply will be given by one of the following
experts :
- Mr. Y. P. Trivedi - Advocate
Supreme Court
- Mr. Narayan Varma - Chartered
Accountant
- Mr. Pinakin D. Desai - Chartered
Accountant
- Mr. K. K. Ramani - Advocate, High
Court
- Mr. N. C. Jain - Former Chairman,
Income Tax Settlement Commission
- Mr. Gautam Doshi - Chartered
Accountant
- Mr. Z. B. Nagarkar - Former
Commissioner of Central Excise & Customs
- Mr. V. P. Verma - Former Chief
Commissioner of Income Tax
- Mr. Rajan Vora - Chartered
Accountant
- Mr. Pritesh Mehta - Chartered
Accountant
- Mr. Sunil K. Ramani - Advocate,
High Court
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Click the following links to select
- Key Features of the Union Budget
2003 - 04
- Excise Duty Proposals
- Custom Duty Proposals
- Service Tax
- Central Sales Tax
- Miscellaneous Indirect Direct Tax
Proposal
- Income Tax Proposals
- Rates of Income Tax for A.Y. 2003-04
- Not Ordinarily Resident
- Business Connection
- Amendment relating to assessment through agent of a non-resident
- Measures to stimulate investment for industrial growth
- Taxation of Dividend
- Income from Units of UTI and Others
- Incomes not includible in total income
- Exemption of Income of ex-servicemen Corporations
- Deduction u/s 10A
- Deduction u/s 10B
- Trusts { Section 11(3A) }
- Standard Deduction for salaries employees
- Deduction of repairs, insurance for premises used for business
- Benefit of Section 33AB to Coffee Growers
- Interest u/s 36
- Payments to Non-residents ( section 40 )
- Definition of "Plant"
- Deduction in the year of actual payment
- Presumptive Income for Truck Owners
- Presumptive Income for Non-residents
- Capital Gains on compulsory acquisition
- Capital Gains on transfer of stock exchange membership
- Income from other sources
- Carry forward loss
- Deduction for medical treatment of handicapped relative
- Deduction for handicapped assessee
- Deduction for medical treatment of specified diseases
- Deduction u/s 80 IA for telecom services
- Deduction u/s 80 IB for scientific R & D companies
- Deduction for Housing
- Deduction u/s 80 IB for cold storage facilities
- Deduction u/s 80 IC for undertakings in specified states
- Deduction for interest income
- Deduction for royalty income from authorship
- Deduction for royalty income from patents
- Rebate u/s 88 for education expenses
- Rebate u/s 88B for senior citizens
- Eligible Issue of Capital for SEZ and IP
- Dividend Distribution Tax
- Distribution Tax on Mutual Funds
- Non-payment of tax by UTI / Mutual Funds
- Consequential amendments for dividend
- No seizure of stock-in-trade
- Release of seized / requisitioned assets (Sec.132B).
- Retention of books / documents
- New provisions for completion of search assessments
- Amendments to Assessment Procedure
- Rectification provisions
- Re-computation of deduction u/s 80RRB
- Amendment relating to firms
- Collection and recovery of tax
- TDS & TCS provisions
- Interest on refunds
- Tax Clearance Certificates
- Advance Rulings
- Repayment of loans and deposits
- Penalty
- Annual Information Return
- Wealth Tax Act
- Gift Tax Act
- Expenditure Tax Act
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